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HomeMy WebLinkAboutminutes.council.19770509Regular Meeting Aspen City Council May 9, 1977 Commissioner Kinsley called the j~oint meeting to order at 5:10 p.m. with Councilmembers De Gregorio, Wishart, Johnston, Pedersen, and Parry present. Commissioner Child, City Manager Mahoney, Attorneys Stiller and Nuttall Dlso present. 1. Solid Waste Center Contract. Jeff Davis, County Engineer, presented the contract and pointed out that the $4350 per month salary represents a 6 per cent increase and covers fuel and maintenance. Solid Waste Center Contract Councilwoman Pedersen moved ~o approve the contract; seconded by Commissioner Child. All in favor, motion carried. 2. Upper Roarina Fork Credit Union Report. Brian Stafford told the Boards that three members of the hospital board and the hospital administrator were present. Stafford reminded Council and the Commissioners that last fall the then County Attorney intro- duced the idea of having a credit union for employees of the school, hospital, City and C~=dit Union County. There was major support for the idea; a committee was formed, filed a charter with the state. The Upper Roaring Fork employees credit union consists of City, County and hospital employees. Tom Oken said,operationally, they would like to keep the system simply. Essentially, the credit union is formed to collectively allow employees to pool savings and make loans at substantially lower rates of interest because of lower operating costs. Oken explained that primarly payroll deductions will be used; there will be a provision for cash deposits. There will be a person at the City, County and hospital to handle credit union business hours. Oken asked Council and the Commissioners for their suppor~ and for donation of employee time. Councilman Parry pointed out this was asking the ~ax- payers ~o pay the salaries of employees in a limited lending area. Oken answered there would be a minimal amount of employee time. Councilman Behrendt asked why the credit union was limited to only three entities. Oken replied that the theory is to get together a group of people with common interests, small enough so that most of the people know each other. The charter is not limited so that the credit union can enlarge at a later date. Tom Lake, hospital representative, said they were drawing up policies and procedures to evaluate credit applications. They will not give loans unless it is an emergency until after six m©nths of employment. Lake stated the credit uni6n, hoped to go into business Credit Union by July 1. Commissioner Kinsley pointed out that employees will have a greater capability to get loans. This is also a team situation, and Commissioner Kinsley stated he really liked the idea. Councilwoman Johnston said she liked~the fact it is employee administered. Bill Dunaway asked if the deposits were insured. Finance Director Butterbaugh said they are insured through the Colorado Credit Unions. There is also life insurance on all the loans. Stafford said they were basically asking for employee time and for use of the computer, which is the most efficient means to do this. Stafford said they are no~ asking for an outright cash commitment. Councilman wishart moved for a joint resolution that the Council and Commissioners support the idea but not give a final commitment until they know what in-kind services and how much they will cost. Councilwoman Johnston stated this will just delay the credit union. Ms. Butterbaugh said she did not think this would impact the City's budget. Scott, hospital administrator, told the Boards they saw this as a distinct advantage. It will allow employees to borrow money rather ~han to take advances. Councilman Wishart moved to support the credit union; seconded by Councilwoman Pedersen. All in favor, motion carried. 3. A-95 Reviews: (a) Nutrition Program. Commissioner Kinsley said this program would provide older Americans with low cost meals and listed all the places it would affect. Pitkin County and Aspen were not included. Betty Erickson said Aspen was not included because 25 senior citizens present at each meal were required to be eligible .for the program. Ms. Erickson had talked to COG and requested that Aspen and Pitkin County be included. Councilwoman Johnston moved to approve the A-95 with favorable comment; seconded by Councilwoman Pedersen. Commissioner Kinsley asked that this be qualified and that it is requested that Aspen and Pitkin County be included. Councilwoman Johnston amended her motzon. All in favor, motion carried. (b) Highway Projects. Jeff Davis told the Boards that the highway department will fund $424,000 to replace the old bridge over the Roaring Fork at Wingo Junction. Davis commented that the new bridge should include a lane for pedestrians and bicycles and that the bridge should be designed to fit into ~he area. Commissioner Child asked haw the highway department planned to route traffic. Davis answered he did not know and would check with the highway department. Councilman Parry moved to approve the A-95 including Davis' design considerations for pedestrian and bike lane and that th~ bridge be compatible with the area; seconded by Councilwoman Pedersen. All in favor, motion carried. COUNCIL MEETING Council elected Councilman De Gregorio chairman, and he called the meeting to order at 5:45 p.m. with Councilmembers Parry, Johnston, Pedersen, Wishart, City Manager Mahoney and City Attorney Nuttall present. ACCOUNTS PAYABLE Councilwoman Pedersen moved to approve accounts payable for April; seconded by Council- man Parry. Councilwoman Johnston asked Ms. Butterbaugh and Mahoney if they were satisfied that everything is as authorized and there are no trouble areas developing. They both ~nswered they were satisfied. Ms. Butterbaugh explained that unauthorized purchase orders were not included because the a~r conditioner for the computer had broken down and they had run as little as possible. All in favor, motion carried. CITIZEN PARTICIPATION There were no comments. COUNCILMEMBER COMMENTS :Fisherman's Park 1. Councilwoman Johnston said she was distressed at the look of Fishermans Park and asked that the City Manager clean it up, get rid of the dead trees, etc. 2. Councilwoman Pedersen moved to add to the'agenda the mat~er of employee bus tickets under City Manager; seconded by Councilwoman Johnston. All in favor, motion carried. Regular Meeting Aspen ~lty ~ouncli may ±±, 3. Councilwoman Johnston reminded. Council that the City had decided not ~to go with' air pollution standards until the County did. The County adOpted air pollution standards . Air pollution today. Tom Dunlop, Sanitarian, explained that the County adopted a resolution pertaining standards to fireplaces. The City building code will have to be amended for this. Carbon monoxide levels were set, and these will be monitored. Cautionary and alert procedures will be in effect. The EPA and state health department were present and voiced support for the resolution. Dunlop told Council there will be EPA money for Vail, Aspen, Steamboat, Telluride to carry on air pollution standards and tests. They will determine future levels of air pollution. They will use $3,000 for emmission inventory to identify specific problems. There will be $8,000 available for a study to determine the visible pollutants. Dunlop explained they will hire a person out of the $3,000 to spend two months up here. This program will not cost the City any money. The second part of the program will' be to do a model of the valley based on the informa- tion gathered this summer. There will also be an inversion study. In two ~years, Pitkin County will have a good idea of what they are faced with and will define this more explicitly. Councilman De Gregorio asked that the Council have a copy of the County adopted plan and recommendations of what the City's action should be. Councilwoman Johnston told Council that the EPA and State Board of Health said this was the first county to do this in the state. 4. Councilwoman Johnston said on the far side of the golf course looking toward Maroon, there is a good place for a trail proceeding along Maroon and a good place for a picnic spot. 5. Councilwoman Johnston asked about the proposed playing field on the Rio Grande, has a site plan been done. City Manager Mahoney answered that a site plan was shown to the Rio Grande Council and was presented with a budget. Councilwoman Johnston asked if this would playing field disrupt the trail; if so, the City should communicate with the County. Councilwoman Johnston noted this field may have to have stream margin review. 6. Councilwoman Pedersen said that the signs in the mall have not been moved so that the fire engines can turn around. This should be attended to as soon as possible. 7. Councilwoman Pedersen read from the Plum Tree tennis courts agreement for the record. During the term of the lease, constructed courts should be only as public facility. Their use shall be within complete control of the Director of Recreation. The Plum Plum Tree Tree will convey to the City the five courts after five years free and clear with a good Tennis Courts title. If the revenues generated are insufficient for the amount of the loan, the corporation agrees to convey the courts and assume the loss without recourse. City Manager. Mahoney stated he believed all these requirements are being met. Councilwoman Pedersen stated that Number Two Main Corporation went into this full risk open. Council- woman Pedersen stated she found it disturbing to up the user fee to cover Number Two Main's potential investment loss. 'The City is under no obligation to guarantee that the money will be there. Finance Director BUtterbaugh pointed out that under the agreement, the City has no problem subsidizing Operations. F~TUDENT COMMENT There were no comments. SKATEBOARD ING City Manager Mahoney told Council he had received requests from several groups that Council look at a skateboarding park. Tim Selby told Council he would like to get a Skateboarding proposal and would like some time to come up with a proposal shOwi~ng both sides 6f the fence so that Council can make some recommendation. Councilwoman Pedersen said she had asked the Parks Association if they had any sites in mind; perhaps the planning office and City parks departments should look around. S~lby told Council his main concern was to keep people off Independence Pass and off the streets. Selby said a skateboard park needs from 1/3 acre to 5 acres. There are 170 proposed skatebaord areas in the county. Selby told Council he was looking into liability, whether this should be a City or a private venture, looking into the use of safety equipment. Selby said he had found in most areas that helmets, knee and elbow pads are mandatory. Selby said they would like to see the area supervised. Conncilwoman Johnston said she had no problem listening to a proposal that meets the needs of the kids in Aspen, but she did not want to create more traffic and people coming in from the outside. This should be part of the City's recreation program. Councilman De Gregorio agreed and said he did not want this to become a skateboarding Mecca. Council agreed to listen to a proposal when Selby gets all the information together. VACATING ROARING FORK ROAD City Manager Mahoney told Council he had had a request from Wendy Morse that Council consider this road. Roaring Fork road is on the land that R. O. Anderson recently sold Poaring Fork and the Institute will be developing it. The Institute will have to build the road to Poad- vacationl City specifications with a 60 foot right-of-way and a certain grade. If this is done, it will be a horrendous scar. Mahoney asked that the Council consider vacating this road, which will have to be done by ordinance. Bill Kane, Planner, told Council this is a dedicated right-of-way and a surveyed road. In certain kinds of settings, City streets don't work as far as the 60 foot-right-of-way, the 40 foot paved surface, changes in grade, etc. The engineering department has pointed out that the existing topography around this property, the road could not meet City grade specifications. Kane stated that chances are if the road is constructed to City specs, it could ruin the landscape. Kane told Council they should have detailed comments from the engineering department. Councilwoman Pedersen told Council they should go out and look at the road. City Manager Mahoney suggested having the vacating of Roaring Fork road put into ordinance form with engineering comments, and have Council make a site inspection. Councilwoman Johnston reminded Council she had never been satisfied with what was going on out there and had asked for reports several times. Councilwoman Pedersen asked if it were a private road, who would be responsible for the road. Kane pointed Out that this discussion is really premature; Council should have engineering comments. WHEELER OPERA HOUSE - Repair beams City Manager Mahoney told Council he had been told by Chick Collins that there are some Wheeler Opera serious s~ructural problems at the Wheeler. City Attorney Nuttall stated they did not House -beams constitute an unreasonably dangerous situation. H. J. Stalf said there are some areas of concern; (1) the beam over the CMC office is cracked in half, (2) six beams over the stage should be repaired before any performances are held. The first priority is the beam over the CMC office. This would cost $1800 to be replaced and should be done in the next several months. Councilman De Gregorio told Stalf to get with Chick Collins to draw up an ordinance requesting extra funds for this repair, and to have the ordinance ready for the next Council meeting. Stalf told Council the total cost for structural repairs to the Wheeler is $8,000. Councilwoman Johnston asked if these could be done ~emporarily; the ~ask force for the Wheeler has some interesting design ideas that may entail structural changes. Councilman De Gregorio asked Mahoney to include information from the task force on what they are planning to do in the Wheeler. WHEELER OPERA HOUSE - Leases H. J. Stalf told Council that the ladies who run the Thrift Shop are afraid they are Wheeler Opera going to qe~ kicked out. Stalf submitted a memorandum stating that all leases for the House - leases Wheeler expire April 30, 1978 so that if there is any master plan, the Council can go with it. (Thrift Shop) Councilman Wishart moved to approve the lease for the Thirft Shop; seconded by Councilman Parry. All in favor, motion carried. Stalf told Council that the CMC space has been vacated and the dog catchers are moving out. Stalf would like to lease this space ou~ until April 30, 1978. Rick Boothe has been inquiring about this space for at least a year for Alpine Equipment. Stalf would lease at for the same terms as the Thrift Shop. Councilman De Gregorio stated he was not interested in commercializing any of the spaces in the Wheeler. Councilman De Gregorio stated he would rather keep the space available for any groups as becomes necessary. Councilman Wishar~ agreed a~ainst any commercial space, and stated the Council would be setting a precedent in the Wheeler. Rick Boothe told Council he had addressed them last year about space for Aspen Alpine (Alpine Equip.) Equipment. Council said the use o£ space was for non-profit groups. Boothe said he ha~ not approved gone ou~ and contacted a number of people and had found out that there were a lot of craftsmen an the Valley who needed a place ~o sell their stuff. These people are interested in getting this space on a cheap basis. Councilman Wishart said he had never heard of craftsmen that are non-profit. Councilman Wishart stated the City cannot subsidize local craftsmen when there are shops all over the mall. Councilman Parry agreed. Stalf stated that Finance Director Butterbaugh has concerns for the utility bills at the Wheeler. The building is not supporting itself right now. There are empty offices and no one has come to rent them. Councilman De Gregorio said the feelings of Council are that they would rather leave them vacant. ZONING CODE AMENDMENTS Zoning Code Councilwoman Johnston moved to approve the zoning code amendments; seconded by Council- amendments woman Pedersen. Councilman Wishart pointed out these are changes the Council has hashed over more then once. Planner Kane said he would present a full presentation at the second hearing~.. All in favor, motion carried. MIDLAND/PARK Midland/Park Brian Goodheim told Council he was givang them an informational report on what is happen- subdivision ing right on the City limits. Also through the County land use process, the Council is a referral agency. Goodheim outlined the features of the subdivision that have changed since Council first saw the proposal. There are more single family lots, which will either be zero lot line or patio houses. Pitkin County will retain a house for someone to operate as a day care center. There will be a kids park right on the property. The circulation patterns have been changed. There will be a pedestrian trail through the property. All the parking at the end of Midland avenue is hidden behind the two multi- family structures. There will be a bus stop near the property. Councilman De Gregorao suggested that the rules for re-sale of the property be outlined and explained very clearly. Goodheim said that they are considering selling to businesses only. Councilman Wishart said they should sell to employers, but not exclusively. Councilman Wishart questioned the materials control, and stated he did not want another Silverking. __2{eg~l~r M~ng Aspen City Council May 11, 1977 Councilman Parry said some controls are needed for this project. Councilman Wishart said the controls should be on size, mass and density, but not architectural controls. Councilman De Gregorio said he would like to see the sale opened to both employers and employees. Councilman wishart moved for favorable recommendations with the enumerated conditions; seconded by Councilman Parry. All in favor, motion carried. ORDINANCE ~17, SERIES OF 1977 Garbage, Trash and Ashes Councilman De Gregorio opened the public hearing. There were no comments. Councilman Ord. ~17 De Gregorio closed the public hearing. Garbage, Trash &ashes Councilwoman Johnston moved to read Ordinance #17, Series of 1977; seconded by Council- man Parry. All in favor, motion carried. ORDINANCE #17 (Series 0f 1977) AN ORDINANCE REPEALING AND REEANCTING CHAPTER 10 OF THE ASPEN MUNICIPAL CODE CONCERNING GARBAGE, TRASH, AND ASHES; PROVIDING FOR DER©SITING AND DISPOSAL THEREOF; PROVIDING THAT VIOLATIONS OF THESE PROVISIONS SHALL BE UNLAWFUL; AND PROVIDING FOR NOTICE OF VIOLATIONS was read by the city clerk. Councilman Wishart moved to adopt Ordinance #17, Series of 1977, on second reading; seconded by Councilman Parry, Tom Dunlop, Sanitarian, told Council he would like a change in Sec. 10-5; he would like to reduce the size of the container to 20 gallons rather than 32. 20 gallon containers are more available and a standard size. Council agreed to amend the ordinance. Roll call vote; Councilmembers Parry, aye; Johnston, aye; Wishart, aye; De Gregorio, aye. Motion carried. ORDINANCE #19, SERIES OF 1'977 - Appropriations from General fund Councilman De Gregorio opened the public hearing. There were no comments. Councilman De Gregorio closed the public hearing. Ord. ~19 Appropriations Councilman Parry moved to read Ordinance #19, Series of 1977; seconded by Councilwoman General Fund Johnston. All in favor, motion carried. ORDINANCE ~19 (Series of 1977) AN ORDINANCE RECOGNIZING $114,299 IN UNANTICIPATED REVENUES IN THE GENERAL FUND; APPROPRIATING OF SUCH REVENUES TO CITY COUNCIL, POLICE, BUILDING MAINTENANCE, COMMUNICATIONS, ANIMAL WARDEN, PARK MAINTENANCE, RECREATION ACTIVITIES, FINANCE, ADMINISTRATIVE SERVICES AND PLANNING AND LEAVING UNAPPROPRIATED REVENUES IN THE AMOUNT OF $6,845 was read~' by the city clerk. ~ Councilman Parry moved to adopt Ordinance ~19, Series of 1977, on second reading; secondedi by Councilman Wishart. Roll call vote; Councilmembers Wishart, aye; Johnston, aye; ~ Parry, aye; De Gregorio, aye. Motion carried. ORDINANCE #20, SERIES OF 1977 - Appropriations from Water Fund Councilman De Gregorio opened the public hearing. There were no comments. Councilman Ord. #20 De Gregorio closedthe public hearing. Appropriations Water Fund Councilman Parry moved to read Ordinance ~20, Series of 1977; seconded by Councilman Wishart. All in favor, motion carried. ORDINANCE #20 (Series of 1977) AN ORDINANCE APPROPRIATING UNAPPROPRIATED WATER REVENUES OF $93,226 FOR HUNTER CREEK TREATMENT PLANT AND DITCH IMPROVEMENTS was read by the city clerk. Councilman Parry moved to adopt Ordinance #20, Series of 1977, on second reading; seconded by Councilwoman Johnston. Roll call vote; Councilmembers Wishart,aye; Parry, aye; Johnston, aye; De Gregorio, aye. Motion carried. ORDINANCE 921, SERIES OF 1977 - Appropriations from Sixth Penny~ Councilman De Gregorio opened the public hearing. There were no comments. Councilman Ord. #21 De Gregorio closed the public hearing. Appropriations 6th Penny Councilman Parry moved to read Ordinance #21, Series of 1977; seconded by Councilwoman Johnston. All in favor, motion carried. ORDINANCE #21 (Series of 1977) AN ORDINANCE RECOGNIZING UNANTICIPATED REVENUES OF $17,300 FROM THE STATE HISTORICAL SOCIETY AND FURTHER APPROPRIATING FROM SUCH FUNDS AND FROM THE SIXTH PENNY SALES TAX FUND AND FROM PARK DEDICATION FEES $4~300 FOR GOLF COURSE STUDIES; $34,000 FOR THE WHEELER OPERA HOUSE: $7,500 FOR THE HOLDY CROSS BUILDIN~ TASK FORCE BUDGET AND $~,500 FOR WAGNER PARK (SOD) was read by the city clerk. Aspen City Council May 9, 1977 Councilman Parry moved to adopt Ordinance #21, Series of 1977, on second reading; seconded by Councilwoman Johnston. Roll call vote; Councilmembers De Gregorio, aye; Parry, aye; Johnston, aye; Wishart, aye. Motion carried. CITY MANAGER 1. Study sessions. Finance Director Butterbaugh told Council there are citizens requesting discussion on water, electric, deposits, billings, etc. Ms. Butterbaugh Utility policy said she would like the entire Council plus the new members present at this discussion. Also there is a new water ordinance to discuss. City Manager Mahoney said he would like a study session next Monday, May 16, at 6:30 to discuss three items; (1) utility procedures, (2) Trade with Eagles/Buchanan property, (3) Andrews trade, property behind Obermeyer. 2. Housing at Water Plant. Stall submitted a memorandum to Council asked for $3,000 to move a house and $3,000 to upgrade the house to Code. This is a requirements to get a permit to move a house. This house will be used as security for the wa~er plant. The E~ployee house house was given to the City; it is at 519 West Francis and is 20 by 25 feet. Councilman at water plant Wishart asked if the City could recover some of the money in rent and suggested that a minimal rent be charged. Councilwoman Johnston asked if this house would affect the City's plan for employee housing. Stalf answered the house would be lower on the site. Councilman Wishart moved to draw up an. ordinance appropriating funds to move the house; seconded by Councilman Parry. Council asked to have this for the next meeting. Councilman Parry asked where the funds were coming from. Ms. Butterbaugh answered that the administration felt this is an appropriate expenditure from PIFs. The house will be security for the water plant. Councilman De Gregorlo asked that the expenditures for the move and bringing the house up to code be detailed more and have everything listed. All in favor, motion carried. 3. Bus Passes. Stalf told Council he had talked to Dwight Shellman and the County will give City employees year round unlimited riding for S100. This will be a p~cture pass Free Employee rather than tickets, which could be abused. Stall said he felt that the employee should Bus passes pay $20 of the pass. Councilman De Gregorio said he did not agree; the $20 fee might deter some people from getting a pass. Stalf stated The employees who get the pass should live down valley. Councilwoman Johnston moved to approve employee bus passes with proof of residency out- side the city limits; seconded by Councilman Wishart. Ms. Butterbaugh stated she was concerned that the passes would get out of hand. Council- man De Gregorio asked that Council be appri~e~of how many people are taking advantage ~ of this pass. All in favor, motion carried. ORDINANCE ~22, SERIES OF 1977 - Bicycle Registration Ord. ~22 Michael Chandler, police department, told Council they were proposing an addition to the Bicycle Municipal Code wherein the bike licensing ordinance would be repleased and in its place Registration would be the adoption of a mandatory bike registration ordinance. Chandler explained that bicycle registration is a theft deterrent; if a bike is registered, the changes of it being stolen are reduced and if it is stolen, the changes of reco~yYare high. Bicycle registratlon is free. Councilman Wishart said he felt that a $50 penalty was rather high. Councilman Wishart also objected to anything that is mandatory. Council- man De Gregor~o suggested an education program. Councilman Parry suggested eliminating the licensing program when the City runs out of licenses, and then go to the engraving system. Councilman Parry said he hated the thought of anything madatory.. It is up to the owner ~o register a bicycle and protect his property. Councilwoman Pedersen suggested going out and setting up a place in the community that is accessible, publicize it ahead of time, and have personnel there to register bicycles. Councilwoman Johnston moved to continue bike licensing until the supply of plates runs out, at which time to change to identification program the police department sets up, and to schedule outdoor availability for registration; seconded by Councilwoman Pedersen. Councilman De Gregorio suggested having bicycle registration posters in all shops that sell bicycles. All in favor, motion carried. Councilman De Gregorio said he would like to see Council repeal the licensing requirement because he does not think one should have to have a bicycle license. Councilman De Gregorio instructed City Attorney Nuttall to make an ordinance to repeal the bicycle license ordinance and have a new ordinance to take away the penalty. ORDINANCE ~23, SERIES OF 1977 Exterior Access/Ramps Ord. #23 Councilman De Gregor~o told Council that Betty Erickson had a number of people who wanted Exterior Access/ input on this item, and who were against it. Dorothy Keller wanted to know how she would Ran~ps design a split-level building and include ramps. Councilman De Gregorlo moved to table this ordinance; seconded by Councilman Parry. All in favor, motion carried. _ Regular Meeting Aspen City Council Councilman De Gregorio suggested ~hat interested persons should contact Mayor Standley about this ordinance. Councilman~Behrend~ and Mayor Standley both have strong feelings about this. Councilman De Gregorio said this would be considered at the work.session Monday, May 16, and will be considered first. People from both sides should be present. RESOLUTION ~6, SERIES OF 1977 - Protest Rocky Mountain Natural Gas Rate Increase Councilman Parry moved to read Resolution ~6, Series of 1977; seconded by Councilwoman ~ Pedersen. All in favor, motion carried. Res. #6 ~G Rate RESOLUTION ~ 6 Increase (Series of 1977) Protest WHEREAS, the City of Aspen has received a notice of an increase in the rates of Rocky Mountain Natural Gas Company, Inc., and WHEREAS, the Aspen City Council wishes to have a protest filed to the rate increase and to participate in any hearings held by the Public Utilities Commission, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Attorney is directed to file a protest on behalf of the City of Aspen to the proposed rate increases, and to undertake such action as may be necessary to effectively oppose the proposed rate increases was read by the city clerk. Ms. Nuttall told Council that the City had filed the protest and will intervene. Councilwoman Pedersen moved to adopt Resolution #6, Series of 1977; seconded by Council- man Wishart. All in favor, motion carried. RESOLUTION ~7, SERIES OF 1977 - Use of Wagner Park Councilman Parry moved to read Resolution ~7, Series of 1977; seconded by Councilwoman Pedersen. All in favor, motion carried. ~es. %7 Wagner Park RESOLUTION %7 (Series of t977) WHEREAS, 'the City Council has authorized expenditures for placing sod on Wagner Park, and , WHEREAS, the City Council wishes to undertake appropriate action to insure that the sod is protected from unnecessary wear and destruction, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That Wagner Park be closed to public use for ~ period of sixty (60) days after the sod is installed; provided, however, that Wagner Park shall ~ be open for public use on July 4, 1977. That after the expiration of this sixty (60) day period, the City Manager is authoirzed to close Wagner Park at such times as necessary to protect the sod from unnecessary wear a~d destruction. That the Director of the Parks Departmenu shall advise the City Manager with regard to when Wagner Park should~'be closed to so protect it was rea~ by the city clerk. Councilwoman Pedersen moved to adopt Resolution #7, Series of 1977; seconded by Councilman Parry. All in favor, motion carried. RESOLUTION ~8, SERIES OF 1977 - North Star Ranch Acquisition Councilwoman Pedersen moved to read ReSolution ~8, Series of 1977; seconded by Councilman Parry. Ail in favor, motion carried. R~s. %8 Acquisition of RESOLUTION %8 North Star Bench (Series of 1977) WHEREAS, the City has been advised that potential exists for receiving a matching grant from the Bureau of Outdoor Recreation for the acquisition of a substantial part of the North Star Ranch, owned by James Hopkins Smith, and WHEREAS, the formulating of terms of any such acquisition through federal funding will be time consuming, and if is the desire of the land- owner that a commitment to purchase be given as early as possible, all of which make the involvement of the Nature Conservancy or other foundation advisable, and WHEREAS, the Aspen City Council wishes to authorize City administrators to continue their investigation of the feasibility of acquisition (as proposed) and do so of record, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That it does hereby authorize and encourage the City administration to see~state and federal approvals necessary ~o an award of federal funds for the acquisition of the North Star Ranch. BE IF FURTHER RESOLVED that City administrators invite the help of the Nature Conservancy, or any other foundation, to consider its cooperation in devising interim funding techniques that may facilitate acquisition. ~ BE IT FIN~ELY RESOLVED that nothing herein shall be construed to be a formal offer of purchase, nor an acceptance of any grant award, nor a commit- ment of City monies to the acquisition, nor as evidence of an intention to condemn for public purposes; but this resolution should be limited in its interpretation to an in-house directive ~o pursue the proposal in the Regular Meeting Aspen City Council May 9, 1977 anticipation that any and all commitments of City funding, or otherwise, will be considered when and if appropriate,~ and be. made by future ~resolution of the City Council. Councilwoman Pedersen moved to adopt Resolution ~8, Series of 1977; seconded by Council- man Wishart. All in favor, motion carried. Councilman Parry moved to adjourn at 7:17 p.m.; seconded by Councilwoman Pedersen. All in favor, motion carried. Kath~n S. ~auter, City Clerk